Custom Surf Wax Terms & Conditions

Terms & Conditions

Please read these Terms and Conditions before you begin creating your template. You must comply with them to use the Custom Surf Wax Site.
Terms and Conditions – General
Before you enter the Custom Surf Wax site (the "Site"), or use any Custom Surf Wax services, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically.
By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Custom Surf Wax that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, do not access the Site or use any of its services.

1 . What Happens if I Violate These Terms and Conditions?
Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. Custom Surf Wax will not return removed materials to a member. Custom Surf Wax is not responsible for any loss of data resulting from removal of member material.

2. What Content or Materials Are Not Allowed on the Custom Surf Wax Site?
Custom Surf Wax is committed to promoting the free-flowing exchange of graphic expression relating to Member’s interests, activities and hobbies while maintaining standards consistent with the Internet community and the societies of the world. Accordingly, no Custom Surf Wax Member or other user of the Site may process, digitize, post, upload, store, share or otherwise display on the Custom Surf Wax Site:
a. Content or material that we believe is pornographic or obscene;
b. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism or hatred;
c . Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
d . Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
i) Instructions on how to assemble or use bombs, grenades or other weapons; and ii) Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual’s right to privacy.
e. Copyrighted content or material that is used without the express permission of the owner; Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to the Custom Surf Wax Site without the owner's permission constitutes copyright infringement and may result in termination of your Custom Surf Wax membership.
f. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
g . Any links to the above.
Custom Surf Wax has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site may be examined from time to time. You acknowledge that although Custom Surf Wax does not and cannot examine all content and material submitted or transmitted to the Site, Custom Surf Wax has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.
You, and not Custom Surf Wax, are solely responsible and liable for all content posted and stored in the Custom Surf Wax community. You should also know that in visiting the Custom Surf Wax community, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure.

3. How Do the Copyright Laws Apply to Materials I Submit to Custom Surf Wax?
When you become a Custom Surf Wax member, you become a participant in the Custom Surf Wax community. Your photographs will be viewed and made available to others in the Custom Surf Wax. As a condition of membership, you hereby grant Custom Surf Wax a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials provided by you to the Custom Surf Wax community. You are the owner of all materials submitted by you to Custom Surf Wax and you represent and guarantee to Custom Surf Wax, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to Custom Surf Wax or that you have permission from the copyright owner to submit the materials to Custom Surf Wax.

4. What Can I Do With Materials Provided By Custom Surf Wax?
All of the material on the Custom Surf Wax Site are protected by the copyright laws of Australia and other countries, both as individual works and as a collection. You are only allowed to use these materials as indicated on the Custom Surf Wax site; other uses are prohibited by copyright laws.
All of the material contained in the Custom Surf Wax site may be viewed only on the Custom Surf Wax Site. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise, without express permission.

5. What Do I Do If I Think There May Be a Copyright Infringement?
If you believe that your material or the material of another has been wrongfully copied, Custom Surf Wax has a process for you to register your complaint through an email to info@customsurfwax.com In order for Custom Surf Wax to investigate and address your complaint, please provide Custom Surf Wax with all information requested.

6. How Are Copyright Infringement Claims Handled?
Upon notice of a potential copyright infringement, Custom Surf Wax may immediately delete or suspend access to the infringing material. Custom Surf Wax may also provide the member who posted the allegedly infringing material with contact information for the complaining party and may ask that the member work with the complaining party to resolve the dispute.
If Custom Surf Wax has deleted or suspended access to materials you posted on the Custom Surf Wax site because of a complaint that the posting infringed someone else's copyright and you disagree and want to have the materials returned to your album, within 10 days after receiving notification that the materials have been deleted, please provide Custom Surf Wax with a written response (a "Response") which contains the following:
A. Your physical or electronic signature;
B. Identification of the material that was deleted or made inaccessible;
C. A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
A copy of your Response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within in 14 days of receiving a copy of your Response, the deleted materials will be returned to your album.
If a clear copyright, trademark, patent, publicity rights, or other infringement comes to the attention of Custom Surf Wax, Custom Surf Wax reserves the right to delete all infringing files and terminate the user’s membership without receiving a complaint from the person whose rights have been infringed.

7. What Happens if My Postings Are Repeatedly Challenged as Copyright Infringements?
If your postings are repeatedly challenged as copyright infringements, Custom Surf Wax may be required to terminate your membership.

8. Is Information I Submit to Custom Surf Wax Kept Private?
Custom Surf Wax will never release your name or other personal information without your permission unless required by law. Custom Surf Wax may use aggregated member information that does not identify any individual member. Custom Surf Wax makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between Custom Surf Wax members and others of information such as passwords or electronic mail may not be secure. Custom Surf Wax encourages members to change their passwords frequently. Postings and other communications on the Custom Surf Wax Site are not private. For additional information, please read our "Security & Privacy" which can be accessed from the link at the bottom of the Custom Surf Wax home page.

9. Will I Receive Email From Custom Surf Wax as a Result of My Membership?
Custom Surf Wax will not send unsolicited email. All Custom Surf Wax emails, including newsletters and announcements, will contain information on how to unsubscribe from that email list. In the event that you receive an email that you think is unsolicited, please let us know and Custom Surf Wax will make every effort to have your email address removed from future mailings.

10. What If Materials I Submit To Custom Surf Wax or Use on The Site Are Lost or Corrupted?
Custom Surf Wax urges all members to maintain backup versions of their Custom Surf Wax pages and materials to guard against losses of any kind. Custom Surf Wax is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from Custom Surf Wax’s suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.

11. By Becoming a Custom Surf Wax Member, You Agree To Indemnify Custom Surf Wax for Any Claims Resulting From Your Violation of These Terms and Conditions.
YOU AGREE TO INDEMNIFY AND HOLD CUSTOM SURF WAX, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OF THE CUSTOM SURF WAX SERVICE, AND THE CONDUCT OF ANOTHER ACCESSING THE CUSTOM SURF WAX SERVICE THROUGH YOUR MEMBERSHIP.

12. Limited Liability of Custom Surf Wax.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CUSTOM SURF WAX WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE CUSTOM SURF WAX SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws of the State of New South Wales, without regard to its conflict of laws provisions. By using the Custom Surf Wax Site you agree to personal jurisdiction of the courts of New South Wales.

14. Custom Surf Wax May Amend These Terms and Conditions At Any Time.
You agree that Custom Surf Wax reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate Custom Surf Wax services or any part of the services.

15. This is The Entire Agreement Between You and Custom Surf Wax.
These Terms and Conditions are the entire agreement between you and Custom Surf Wax and govern your use of the Custom Surf Wax Site and services. This agreement supersedes any prior agreements between you and Custom Surf Wax. The failure of Custom Surf Wax to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.
COPYRIGHT
It is your responsibility to ensure that you have the right to use any material. Custom Surf Wax is not liable for nay breach of copyright or other law that you may commit in using any material at our premises or in having us copy any material for you.
Under the copyright laws of Australia, a person who owns a copyright in a "work" has the exclusive right to make copies of that work. The copyright owner may permit others to make copies of the work or use the work. "Copying" includes photocopying, scanning, faxing and digitising.
Before making any labels, or asking us to make labels for you, you must ensure that you have the right to use any image.
Unless the work is your original creation, it is likely that someone else will own the copyright. If this is the case you should ensure that you have the copyright owner's permission to make labels of the work, or that you have the right under law to use.
As a general indication, just about anything which is in a material form, and can be copied, will be protected by Copyright.
What kind of "work" might be protected by copyright law?
Some of the material can be protected by copyright includes:
-Books, newspapers, magazines, greeting cards, brochures and any other printed material.
-Maps and architectural drawings, including house plans.
-Photographs, sketches, drawings and graphics
-Musical scores and song lyrics
-Logos and designs
It is important to bear in mind that copyright may exist in purely functional things, like a set of instructions, as well as in material which has more 'artistic' quality, like drawings.
The Symbol
If you did not create the material that you intend to use, you should look for the symbol on the work. Copyright owners often (but not always) identify their claim to ownership by using the symbol, followed by their name and the year that the work was created. This is known as "Copyright Notice".
If there is no Copyright Notice on the work, it is not safe to assume that no one owns the copyright and you are free to copy it. While the existence of a Copyright Notice is helpful, it is not necessary for a Copyright Notice to be applied to work for a copyright to exist in that work.
Copyright Longevity
Copyright protection for many types of work does not last forever. In many instances, copyrights expiry 50 years from the end of the year that the author died.
However, even if you are sure that the author of the work died more than 50 years ago, later editions of the same material may have been published recently.These new editions may now be protected by copyright.
Unauthorised use of Copyright Material
If you copy a work that is protected, without the copyright owners permission, the copyright owner may sue you. You may be sued even if you use only a small part of the whole copyright work. A commonly misunderstood area is the so called 10% rule. There is no such rule which allows you to copy 10% or less of a document.
By using this site, you declare that:
(a) You are the owner of the copyright in this image,
(b) You have permission from the holders of the copyright of this image, to use this image.
(c) Copyright of this image has expired (e.g. a photograph was taken more than 50 years ago.)
(d) You are otherwise permitted under Copyright Act to use this image.
You indemnify Custom Surf Wax against any loss, injury or damage (including legal costs or expenses) incurred by Custom Surf Wax as a result of any breach by me of this warrant

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